Expulsion** A public charter school administrator, after reviewing available information, may recommend to the Board that a student be expelled. Expulsion of a student shall not extend beyond one calendar year. No student may be expelled without a hearing unless the student’s parents, or the student if 18 years of age, waive the right to a hearing, either in writing or by failure to appear at a scheduled hearing. By waiving the right to a hearing, the student and parent agree to abide by the findings of a hearings officer. When an expulsion hearing is not waived, the following procedure is required: 1.
Notice will be given to the student and the parent by personal service or by certified mail at least five days prior to the scheduled hearing. Notice will include: a. b. c. d. e. f.
The specific charge or charges; The conduct constituting the alleged violation, including the nature of the evidence of the violation; A recommendation for expulsion; The student’s right to a hearing; When and where the hearing will take place; and The right to representation.
2.
The public charter school administrator will act as hearings officer. The public charter school may contract with an individual who is not employed by the public charter school to serve as the hearings officer. The hearings officer will conduct the hearing and will not be associated with the initial actions of the public charter school administrators;
3.
In case the parent or student has difficulty understanding the English language or has other serious communication disabilities, the public charter school will provide a translator;
4.
The student will be permitted to have a representative present at the hearing to advise and to present arguments. The representative may be an attorney or parent. The public charter school’s attorney may be present;
5.
The student will be afforded the right to present his/her version of the charges and to introduce evidence by testimony, writings or other exhibits;
6.
The student will be permitted to be present and to hear the evidence presented by the public charter school;
Expulsion** - JGE 1-2
7.
The hearings officer will determine the facts of each case on the evidence presented at the hearing. Evidence may include the relevant past history and student education records;
8.
The hearings officer or the student may make a record of the hearing;
9.
The hearings officer’s decision is final; however, this decision may be appealed to the public charter school board. Findings of fact as to whether the student has committed the alleged conduct will be submitted to the Board, along with the officer’s decision on disciplinary action, if any, including the duration of any expulsion. This decision will be available in identical form to the Board, the student and the student’s parents at the same time. At its next regular or special meeting the Board will review the hearings officer’s decision and will affirm, modify or reverse the decision. Parents of students who wish to appeal the hearings officer’s decision will have the opportunity to be heard at the time the Board reviews the decision;
10.
Expulsion hearings will be conducted in private and Board review of the hearings officer’s decision will be conducted in executive session unless the student or the student’s parent requests a public hearing. If an executive session is held by the Board or a private hearing by the hearings officer, the following will not be made public: a. b. c. d.
The name of the minor student; The issues involved; The discussion; The vote of Board members, which may be taken in executive session.
Prior to expulsion, the public charter school must notify the resident district of the student of the impending expulsion. END OF POLICY
Page 1 of 2. Silvies River Charter School. Code: JGE. Adopted: 10/14/14. Expulsion**. A public charter school administrator, after reviewing available information, may recommend to the Board. that a student be expelled. Expulsion of a student shall not extend beyond one calendar year. No student may be expelled without ...
